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The federal Civil Rights Act of 1991 expanded the right of plaintiffs to compensatory and punitive damages. It allows those who claim intentional discrimination or harassment based on sex, race, religion, national origin or color under Title VII, or disability under the ADA or Rehabilitation Act, to obtain compensatory and punitive damages. The damages are measured by the size of the employer’s workforce, up to a maximum of $300,000.
The following table shows compensatory and punitive damages:1
Number of Employees |
Damages Limitation |
|---|---|
|
1 - 14 |
No damages recoverable (employers of fewer than 15 employees are not covered by these acts, but are covered by FEHA) |
|
15 - 100 |
$50,000 |
|
101 - 200 |
$100,000 |
|
201 - 500 |
$200,000 |
|
500+ |
$300,000 |
Compensatory or punitive damages are allowed under the Civil Rights Act only when you engage in intentional “disparate treatment” discrimination. Where “disparate impact” discrimination is found, punitive and compensatory damages are not allowed.2 For more information on disparate treatment and disparate impact, see Discrimination Defined.
In addition, plaintiffs who sue under these statutes for compensatory or punitive damages have the right to jury trials. Courts cannot inform juries about the legal limits on punitive and compensatory damage awards.
1. 42 U.S.C. 1981a
2. 42 U.S.C. 1981a